Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-03-24
A NORTHERN PACIFIC SUR.

Action by the General Government
for Timber Depreation.
Washington, March 21-There was
filed in the United States supreme court
q few days since the Transcript of q case
which will come up in due season for
argument, in which the United States is
suing the Northern Pacific Railroad COM.
pany for 81. 100000. The case WAS brought
by che United States on error from the
Western district of Montana, and is in
tended to test the right Of the railroad
company to cut, or allow to be cut, the
timber growing on non-mineral land
lying along the line of its road and with
in the limits Of it's land grant which land
still remains u%nsurveyed. Suit was
brought In the lower court for the value
of timber cut on lands lying j n Missoula
and Deer Lodge counties, Mont, within
the twenty-mlles granted limits, and ex-
tending along the line OF thexroad from
McCarthy's Bridge to the He'll Gate river.
The government petition places the
road and the government upon the pecu-
liar footing OF tenants In common Of
this land, it being the unsufveyed nom
mineral lands of the public domain,
which were granted to the road to aid
in its construction, but for lack of sur
veys have not yet been formally certified
to the road. IL is claimed that the COM
pany has cut from these lane s some 49,
100000 feet OF pine timber, valued at
$9ie,000; l54 900 shingles; $1,000 cords
of wood and 70 900 cedar posts, valued
in all at 81, loo. 1000. Most OF this timber
was cut, it 10 alleged, by agents of the
company, Watson u Lowell and Ernest
M. Trask. The government prayed for
the return Of the whole amount or q just
division, as the court should see fit, of o
portion OF this sum to the United States
ss tenant in common. In reply the
company filled o demurrer alleging in
suficiency OF grounds of action and On
fusion OF statement, repudiating the ten
ancy in common alleged on the ground
that the land had passed to the road
under the grant upon fling its plsts,
and also il plaintiff had seen fit to sur
vey the lands, as it was bound to do,
the cutting of timber on lands other than
those which have passed to the COM
pany under the grant might have been
prevented. The demurrer OF noe raised
Issue upon the questions which have
long puzzled the local courts OF the ter
ritories and congress as we'll and it was
thought best to have them settled by
the United States supreme court, as the
construction Of the land grant mnst be
one OF the questions decided. The gov
ernment making no opposition to the
demurrer, it was sustained by the local
court and the United States appealed to
the United States supreme court. 1t is
expected that this case will only settle
Questions OF the right to timber on the
public lands, but also the great questions
which have puzzled congress ia the pom
federation Of every forfeiture bill 90 to
how far the government retained con-
troll of public lands granted to aid in the
construction of certain railroads, which
lands have not been surveyed and where
the express condition OF the granting
act have not been rigIdly adhered to,
but the laches condoned by the govern
ment. A long array o counael appeared
on each side, which will probably be
largely augmented before the case comes
to trial.